Kavanaugh's views of presidential power drawing questions

Brett Kavanaugh

Supreme Court nominee Brett Kavanaugh's past writings that a president should not be distracted by lawsuits and investigations could become a flashpoint in what's already shaping up to be a contentious confirmation battle.

With special counsel Robert Mueller investigating whether President Donald Trump obstructed justice, questions about whether a chief executive can be subpoenaed or indicted could potentially reach the Supreme Court.

Though there's no indication at this point that will happen, it's sure to be a major topic of questioning at Kavanaugh's confirmation hearing as the Senate weighs whether to confirm him to replace retiring Justice Anthony Kennedy.

Democrats opposing Kavanaugh are already weighing in, saying the past writings - particularly a legal article he wrote on the separation of powers in 2009 - suggest he would be inclined to side with Trump.

Senate Democratic leader Chuck Schumer said Tuesday that he "seems exactly like the kind of man President Trump would want on the Supreme Court if legal issues from the Mueller probe arise."